Excerpt: ...e class allegations." Plaintiff served RPD 113 seeking the employee/contractor profile for contractors who worked at the Tesla Factory floor during the relevant time period. Tesla estimate there were at least 3,000 contractors. (White Dec., para 13.) Tesla's records regarding Plaintiff Vaughn include an employee/contractor profile. (PX 18.) The employee/contractor profile contains name, personal email address, job position, photograph, contingent...

Excerpt: ...eys' fees and cost of up to $30,000 (33%), costs of up to $7,000, a service award of $7,000 for the class representative, a net PAGA payment of $3,000, and settlement administration costs of up to $4,000. After these expenses of approximately $51,000, the class would get $39,000. The average payout per class members would be $1,115. The proposed class notice form and procedure are adequate. There were 2 opt outs and no objections, The proposed cl...

Excerpt: ...entitled pursuant to Civil Code section 2924j(b). Under that statute, "[i]n the event there is no dispute as to the priority of the written claims submitted to the trustee, proceeds shall be paid within 30 days after the conclusion of the notice period." (Civ. Code § 2924j(b).) "If the trustee has failed to determine the priority of written claims within 90 days following the 30-day notice period, then within 10 days thereafter the trustee shall...

Excerpt: ...a protective order." (CCP § 2025.420(a).) "The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense." (CCP § 2025.420(b).) "This protective order may include, but is not limited to, one or more of the following directions: . . . [t]hat the deposition be taken only on certa...

Excerpt: ... is Plaintiff's Second Amended Complaint filed on August 27, 2019. Plaintiff was hired by Simpson Strong-Tie Company as a Fabrication Layout Technician in December 2017. Defendant's headquarters are located at 5956 W. Las Positas Blvd., in Pleasanton. Plaintiff's immediate supervisor was Production Department Supervisor Chris Altomare. Plaintiff's "lead" was Francisco Rendon. According to the parties. Plaintiff had a desk or workstation and a com...

Excerpt: ...ding to the First Amended Complaint, the original developer contracted with Lowney Architects, Inc. to provide the designs for the project. On or about September 24, 2014, the developer entered into a contract with Deacon Corp. to act as the general contractor for the construction of the property. Deacon Corp. then entered into several subcontracts, including a subcontract with High End Development, Inc. to serve as the waterproofing subcontracto...

Excerpt: ... of action under the California Private Attorney General Act ("PAGA") alleging violations of the Labor Code. Defendant demurrers to Plaintiff's complaint on the grounds that there is another action pending, a class action in the Central District of California, United State District Court: Richard Trujillo v. The Chef's Warehouse West Coast, et al. ("Trujillo"). Code of Civ Procedure section 430.10(c), arguing that the claims in Trujillo are the s...

Excerpt: ...nd Cross-Defendant, the Court is not inclined to issue the preliminary injunction at this time because Cross-Complainants have not shown that they need to have the electric gate removed right now. See Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084 (plaintiff has the burden of proving that the irreparable harm is imminent). Cross-Complainants will ultimately need to be able to use the driveway so ...

Excerpt: ...er) was pregnant with Camden Gutierrez (Child). On 6/15/19, defendants were negligent in the delivery. Mother suffered a partially ruptured placenta. (1AC 14.) Child suffered brain injuries. (1AC, para 7.) Mother observed both the injury to herself and to Child. (1AC 10, 21, 22.) The complaint alleges (1) Child's claim for medical negligence; (2) Mother's claim for medical negligence; (3) Mother's claim for bystander emotional distress from watch...

Excerpt: ... may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one o...

Excerpt: ...'s Request for Monetary Sanctions is GRANTED IN PART. IT IS FURTHER ORDERED THAT sanctions in the amount of $1,000.00 is payable by Defendant to Plaintiff no later than thirty (30) days from the date of this Order. MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES Plaintiff brought this action against Defendant asserting claims of breach of contract and other related claims arising from Plaintiff's purchase of a restaurant from Defendant...

Excerpt: ...["the power of a court to stay proceedings ... was inherent at common law and is now vested in the superior courts of this state"].) The relevant criteria for the Court to consider vary with the reason for the stay and the scope of the stay sought. (Investors Equity Life Holding Co. v. Schmidt (2011) 195 Cal.App.4th 1519, 1534 (stay based on forum non conveniens); Morris v. AGFA Corp. (2006) 144 Cal.App.4th 1452, 1463-1468 (stay based on forum no...

Excerpt: ...o Code of Civil Procedure (C.C.P.) section 425.16 involves two steps. In the first step, the defendant has the burden to demonstrate that the challenged claims against defendant arise "from any act of that person in furtherance of the person's right of petition or free speech ... in connection with a public issue." (C.C.P. § 425.16(b)(1).) Such protected acts are further defined in section 425.16(e). "If the defendant makes the required showing,...

Excerpt: ...or Court Case No. RG16841079) (McGuinness, J.). The underlying case apparently involved a dispute arising out of work that Wilt and non-party Daniel Berko performed for Solomon in other litigation. The Cross- Complaint filed by Solomon asserted that Wilt was liable to her because he contributed to her failure to file a certain action prior to the running of the statute of limitations and because he caused another action to be filed in her name wi...

Excerpt: ...ervises various court programs and supervised Marin Advocates for Children. In April 2016, Plaintiff applied for a job as Executive Officer at the Marin Advocates for Children. Plaintiff assets that McQuaid and J Roes disparaged her. Marin Advocates for Children offered the job to Plaintiff and Plaintiff accepted the job. McQuaid and J Roes continued to disparage Plaintiff. In early 2017, J Roes sued Marin Advocates for Children. Marin Advocates ...

Excerpt: ... DENIED. MOTION TO COMPEL PLAINTIFF'S DEPOSITION APPEARANCE "If, after service of a deposition notice, a party to the action . . . without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the de...

Excerpt: ... the controversy exists," except under certain situations outlined by statute. (CCP § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitration has been waived by the petitioner; (b) grounds exist for the revocation of the agreement; (c) a party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or seri...

Excerpt: ...Private Attorneys General Act of 2004 ("PAGA") claim is limited to ABM employees assigned to work at a Flowers facility," the Court finds that the answer is "No." Labor Code § 2699(a), which provides in relevant part that an "aggrieved employee" may bring a civil action "on behalf of himself or herself and other current or former employees," contains no such limitation, and the Court was unable to find any published California authority for the ...

Excerpt: ...at evidence of communications made during the course of the DRA Process is not precluded by § 1119 et seq. A mediation is a process in which a neutral person facilitates communications between disputants to assist them in reaching a mutually acceptable agreement. (See Evidence Code § 1115(a).) A mediation generally takes one of two forms. In a classic mediation, the mediator meets directly with the parties to facilitate negotiation. (See, e.g.,...

Excerpt: ...the decision to grant [a restraining order] rests in the sound discretion of the trial court." (Church of Christ in Hollywood v. Superior Court (2002) 99 Cal. App. 4th 1244, 1251 [internal citations omitted].) "[T]rial courts should evaluate two interrelated factors when deciding whether or not to issue [a restraining order]." (Id.) "The first is the likelihood that the plaintiff will prevail on the merits at trial." (Id.) "The second is the inte...

Excerpt: ...RTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, January 12, 2021 contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network. If a hearing is requested, the Court will advise the parties of the manner in which the hearing will be conducted in advance of the ...

Excerpt: ... Partners, Inc. Although not specifically referenced in the notice of demurrer, Defendant does indicate that the demurrer is directed to the entire First Amended Complaint. 2. Defendant's demurrer to Plaintiffs' Second Cause of Action for Intentional Misrepresentation, pursuant to CCP § 430.10(e), is SUSTAINED WITH LEAVE TO AMEND. The Court begins with the observation that it is required to accept Plaintiffs' factual allegations as true even if ...

Excerpt: ...ay be appealed via writ and in this case the writ was summarily denied. However, regardless of the denial of the writ, the court does not view its order as a final judgment that it is able to enforced against Cross-Defendant Ply-Gem at this time. First, the authority relied upon primarily by Cross-Complainant, Montrose Chemical Corp. of California v. American Motorists Ins. Co. (Cal. Ct. App. 1993) 16 Cal.Rptr.2d 516 (review granted and opinion s...

Excerpt: ...ession, custody or control within twenty-one (21) days from the date of this Order. Defendant's Request for Sanctions is DENIED. MOTION TO COMPEL PRODUCTION OF DOCUMENTS "If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it . . . [the party] waives any objection to the demand, including one based on privilege or on the protection for work product[.]" (CCP § 2031.300 (a).) "T...

Excerpt: ...r of July 22, 2020, as modified by its orders of August 18 and 24, 2020, certifying a class for settlement purposes. The Court APPROVES the settlement. The Court has considered (1) the relative strength of the Plaintiffs' case; (2) the high risk, expense, complexity, and likely duration of further litigation of this dispute; (3) the high risk of maintaining class status through trial; (4) the amount offered in settlement; (5) the extent of discov...